Irregularities which do not vitiate proceedings
AI Assist
Summary
If a magistrate, by mistake and in good faith, performs certain acts he is not legally empowered to do (for example issuing a search warrant, ordering police to investigate, holding an inquest, issuing process beyond his local limits, taking certain cognizance, transferring or recalling a case, tendering a pardon, or selling property), the proceedings will not be set aside merely for that reason. This protection applies only to acts done erroneously in good faith, not to deliberate or corrupt acts.
Example
Priya files an FIR at her local police station about a theft. The magistrate, mistakenly thinking she can issue a search warrant, issues one and officers seize some items. Because the magistrate acted erroneously in good faith, the seizure and the proceedings will not be set aside merely for want of power.
Bare Act
Enacted textIf any Magistrate not empowered by law to do any of the following things, namely:
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(a) to issue a search-warrant under section 94;
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(b) to order, under section 155, the police to investigate an offence;
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(c) to hold an inquest under section 176;
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(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
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(e) to take cognizance of an offence under clause (a) or clause (b) of Sub-Section (1) of section 190;
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(f) to make over a case under Sub-Section (2) of section 192;
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(g) to tender a pardon under section 306;
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(h) to recall a case and try it himself under section 410; or
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(i) to sell property under section 458 or section 459,
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
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